Q: So I have a divorce agreement since 2006 and my ex wife has yet to pay me off my 40% stake.

A: The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your ex-wife has remarried and refinanced the property does not automatically require her to pay off your stake unless explicitly stated in your divorce decree. However, if the divorce agreement specifies a timeframe or triggers for the payment, refinancing could potentially trigger that obligation. You need to act quickly though. There may be a time limit for taking action against your ex wife based on when she defaulted on the obligation to pay out your interest.

Schedule a free consultation to make sure your interest in the property is compensated.

A: Depends on what your judgment/court orders say. You should have someone (an attorney) review your court orders and tell you what remedies are available and/or what you can do to get what was awarded to you.

A: It sounds like you're in a difficult situation, especially after so many years. The fact that your ex-wife has refinanced the property and remarried does not automatically mean she is required to pay your 40% stake. However, if the divorce agreement specifies that you are entitled to this share, you have the right to enforce it.

Since you've been paying taxes and insurance on the property as per the divorce terms, it’s important to review that agreement to see if there are any timelines or conditions that require her to compensate you. Refinancing may have impacted her ability to pay, but that doesn't absolve her from any obligation if one exists.

You may need to consider taking legal action to enforce your right to the 40%, especially if your ex-wife has not complied with the divorce agreement. Consulting a family law attorney in California might help you determine your options moving forward and assist in recovering what’s owed to you.